Terms and Conditions

TERMS AND CONDITIONS of ANNABIS s.r.o.

1. GENERAL PROVISIONS

1.1. These terms and conditions of the company ANNABIS s.r.o., with registered office at Šlechtitelů 813/21, 779 00 Olomouc, ID No.: 28627164, Tax ID No.: CZ28627164, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Entry 44762, regulate, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement concluded between the seller and another natural person through the seller's online store www.annabis.cz.

1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent profession when ordering goods.

1.3. The business relationship between the seller and the buyer, who is not an end consumer, is governed by individually agreed terms. This means that the seller is entitled to unilaterally refuse to conclude a purchase agreement. The buyer will be informed of this fact in writing to their email address provided in the order.

2. CONCLUSION OF THE PURCHASE AGREEMENT

2.1. All presentation of goods placed on the web interface of the store www.annabis.cz is for informational purposes only, and the seller is not obliged to conclude a purchase agreement regarding these goods.

2.2. The buyer's order placed through the online store www.annabis.cz is a binding proposal by the buyer to conclude a purchase agreement with the seller. The seller will immediately confirm receipt of the order via email to the email address provided by the buyer in the order, and this confirmation is not an acceptance of the seller's proposal to conclude a purchase agreement.

2.3. The buyer has the right to cancel the order, i.e., to withdraw their proposal to conclude a purchase agreement, without any penalties until the moment the goods are dispatched. The buyer is obliged to inform the seller of the cancellation of the order via email or phone.

2.4. The purchase agreement is concluded by the seller's acceptance of the proposal to conclude a purchase agreement, whereby acceptance is considered to be the dispatch of the goods by the seller to the buyer or the seller's express acceptance via email.

2.5. The prices of goods and postage listed on the web interface are in CZK, including the relevant VAT rate according to current legislation.

2.6. The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs for internet connection, phone calls) are borne by the buyer.

2.7. The purchase agreement is concluded in Czech and is archived by the seller for the purpose of its proper fulfillment and is not accessible to third parties.

2.8. Only persons over 18 years of age can place an order through the online store www.annabis.cz.

3. PAYMENT CONDITIONS

3.1. The buyer can pay the price of the goods and the costs associated with the delivery of the goods according to the purchase agreement to the seller in the following ways:

a) via the Comgate portal (payment card, QR Payment, Bank Transfer, Deferred Payment)

b) Cash on delivery via Zásilkovna

c) Prepayment to the seller's account

d) via PastPay

3.2. The shipping cost for Zásilkovna to a pick-up point is CZK 29. The shipping cost for Zásilkovna to an address is CZK 69. For purchases over CZK 1000, shipping is FREE.

3.3. On the online store www.annabis.cz it is possible to pay for purchased goods not immediately, but later. This service is provided with the help of an external financial partner, PastPay Europe Sp. z o.o. (PastPay) through the PastPay payment method. If you choose PastPay as the payment method at checkout, PastPay will purchase the invoice issued by the Service Provider, i.e., it will purchase the Service Provider's claim against you and pay the value of the invoice to the Service Provider. PastPay undertakes to finance the given transaction. In such cases, the invoice issued by the Service Provider already contains the unique legal characteristics of the system and all necessary information.

It is IMPORTANT that after the invoice is assigned, your payment obligation remains with PastPay, which can only be paid to the PastPay bank account number stated on the invoice. You must fulfill your payment obligation no later than the invoice due date, otherwise a flat fee of EUR 40 will be charged. By using PastPay, you agree to the transfer of your contact details (name, email address, phone number) to PastPay. This is primarily necessary for us to send you information and notifications necessary for the provision of the service and the payment process. PastPay's privacy policy can be found here. If PastPay does not undertake to finance the given transaction, this payment method is not available – of course, you still have the option to purchase, in which case choose another payment method.

4. TRANSPORT AND DELIVERY OF GOODS

4.1. The costs of postage and packaging are borne by the buyer according to the method chosen when ordering the goods. These costs are governed by the prices listed on www.annabis.cz.

4.2. If the seller is obliged under the purchase agreement to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In case of finding damage to the packaging indicating unauthorized entry into the consignment, the buyer does not have to accept the consignment from the carrier.

4.3. In the event that, due to reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

5. WITHDRAWAL FROM THE CONTRACT

5.1. In accordance with Section 1829 (1) of the Civil Code, the buyer has the right to withdraw from the purchase agreement without giving a reason within fourteen (14) days of taking over the goods. The withdrawal from the purchase agreement must be sent to the seller within this period via email or in writing to the seller's address.

5.2. In the event of withdrawal from the contract, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of the buyer's withdrawal from the contract. If the buyer withdraws from the contract, the buyer bears the costs associated with returning the goods (e.g., transport), even if the goods cannot be returned by ordinary postal means due to their nature.

5.3. In the event of withdrawal from the contract, the seller will return the monetary funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same way as they were received from the buyer, unless expressly agreed otherwise with the buyer, whereby no additional costs will be incurred by the buyer. The seller is not obliged to return the received monetary funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

5.4. In accordance with Section 1832 of the Civil Code, the buyer is entitled to a refund of funds related to the transport of goods (postage) at the time of purchase (not return). However, this entitlement is only for the lowest cost option offered by the seller (even if the buyer chose a more expensive transport method when ordering), while personal collection cannot be considered such a delivery method.

5.6. The buyer acknowledges that the returned goods must not be damaged, worn or partially consumed in any way.

5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the dissolving condition that if the buyer withdraws from the purchase agreement, the gift agreement ceases to be effective, and the buyer is obliged to return the provided gift to the seller together with the goods.

5.8. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller will inform the buyer about this via email to the address provided in the order and will return the purchase price to the buyer without undue delay.

6. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1. The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt and that at the time the buyer took over the goods:

1. a) the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, they have such characteristics as described by the seller or manufacturer or as the buyer expected given the nature of the goods and based on advertising carried out by them;
2. b) the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used;
3. c) the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template;
4. d) the goods are in the appropriate quantity, measure or quality;
5. e) the goods comply with legal requirements.

6.2. The provisions listed in Article 6.1 of these terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed. For used goods, they do not apply to a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods.

6.3. The buyer's right from defective performance is based on a defect that the goods have upon acceptance by the buyer. If a defect manifests itself within six (6) months of acceptance, the goods are presumed to have been defective at the time of acceptance.

6.4. If the defective performance is a material breach of contract, the buyer has the right to:

1. a) removal of the defect by delivering new goods without defects or by delivering missing goods
2. b) removal of the defect by repairing the goods
3. c) a reasonable discount from the purchase price
4. d) withdrawal from the contract

6.5. The buyer will inform the seller which right they have chosen when notifying of the defect or without undue delay after notifying of the defect. The buyer cannot change the chosen option without the seller's consent.

6.6. The buyer exercises rights from defective performance with the seller at the company's registered office address: Annabis, s.r.o. registered office at Šlechtitelů 21, 779 00 Olomouc.

6.7. The moment of exercising the right from defective performance is considered to be the moment when the seller received the defective goods from the buyer.

6.8. The seller handles consumer complaints via the email address info@annabis.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's email address.
Out-of-court resolution of consumer complaints is provided by the Czech Trade Inspection Authority, Štěpánská 44, 110 00 Prague 1, www.coi.cz.

7. PROTECTION OF PERSONAL DATA

7.1. The seller undertakes that all personal data provided by the buyer will be handled in accordance with the Personal Data Protection Act No. 101/2000 Coll. Personal data is used only for the seller's purposes and is not provided to third parties, with the exception of carriers, to whom only data strictly necessary for the transport of goods to the buyer are provided.

7.2. The buyer has the right to request in writing at any time via email to info@annabis.cz for the seller to change or delete their personal data from the seller's database.

8. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

8.1. The buyer agrees to receive information related to the goods, services or business of the seller to the buyer's electronic address and further agrees to receive commercial communications from the seller to the buyer's electronic address.

8.2. The buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase can be made on the website and the seller's obligations from the purchase agreement can be fulfilled without storing so-called cookies on the buyer's computer, the buyer may revoke the consent according to the previous sentence at any time.

9. FINAL PROVISIONS

9.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

9.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, then instead of the invalid provisions, a provision will apply whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or terms and conditions require written form.

9.3. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

These terms and conditions are valid from January 1, 2024